Querist :
Anonymous
(Querist) 28 January 2025
This query is : Resolved
I'm a retired school teacher and with my savings I bought a price of land in a gated layout (for security reasons) in Kotagiri Nilgiris. All the necessary NOCs have been submitted. But after 2¹/² years, my application has been rejected. The reason cited is that the gated layout is illegal and all development has been done illegally. This was also not informed to us by the developer not by the sub registrar at the time if registration. I'm not financially in a condition to bribe and get my approval. There are already 15 houses in this layout, some of whom have received their approval recently. I understand that the DTCP have filed a case against the developer, but that can hoon for years. Is there a way out for me? Or is this the end of my dream for which I saved for over 50 years just so that I can retire and live peacefully?
kavksatyanarayana
(Expert) 28 January 2025
Did you verify the plan of the layout? Some Developers usually will say their layout is perfect but we have to verify the EC and whether the layout is approved or not. So you have to file a case against the builder in the Consumer Commission for your redressal. Consult a local prudent advocate to file the case.
T. Kalaiselvan, Advocate
(Expert) 28 January 2025
It is too late even for repenting or lamenting over the grave mistake you have committed by not obtaining a proper legal opinion before investing your lifetime savings into this type of illegally constricted properties. Probably you were not willing to spend towards legal fees for obtaining legal opinion from an experienced lawyer before venturing into this purchase hence you are made to suffer a great loss now. Though it will take a long time to get a legal remedy to your problem, now since you do not have any option than approaching court of law for respite, better at least now don't be misguided by touts or greedy mediators for any shortcut relief because they will not fetch you permanent relief neither your problem will be solved.
Dr. J C Vashista
(Expert) 29 January 2025
"Buyer Beware" is an old maxim. You were required to verify marketable title of the subject property. When you had received "all NOCs" how does the layout is being declared "illegal" / "unauthorised" ? Consult and engage a local prudent lawyer for proper appreciation of facts / documents, analyse, advise you properly and initiate necessary proceeding.
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